State pension non-contributory is a means-tested payment for people aged 66 and over, habitually residing in the State, who do not qualify for a state pension contributory, or who only qualify for a reduced rate contributory pension based on their social insurance record. In order to satisfy the Habitual Residence Condition, as a first step, it must be established that the person has an unconditional right of residence in the State, that does not preclude them from receipt of relevant social assistance payments. It is not possible to apply discretion in relation to the application of the Habitual Residence Condition or to waive the condition.
I am aware that the Deputy has, in recent weeks, raised a number of Parliamentary Questions on this topic, arising from a particular state pension non-contributory claim. As the Deputy has been previously informed, in the case of an EU citizen claiming state pension non-contributory (or any means-tested social assistance scheme administered by the Department), in order to satisfy the Habitual Residence Condition, it is necessary for them to provide a verified record of at least five years continuous residency in the State.
Should a person be experiencing financial hardship, under the supplementary welfare allowance scheme, the Department can make additional needs payments to help meet essential expenses that they cannot pay from their weekly income. Payments are made at the discretion of the officers administering the scheme, taking into account the requirements of the legislation and all of the relevant circumstances of the case, in order to ensure that the payments target those most in need of assistance.Additional needs payments (excluding supplements) are not subject to the Habitual Residence Condition and payments can be made to people who do not qualify for other social welfare supports.
I trust this clarifies the matter for the Deputy.
